Second Homeland Security agent in Utah charged with selling illicit drugs based on evidence

SALT LAKE CITY (AP) — A second agent of the Department of Homeland Security has been charged in federal court with using a confidential informant to sell illicit drugs that were seized as evidence.

Nicholas Kindle, a special agent in Utah charged with investigating illegal narcotics trafficking, was arrested three weeks after his alleged accomplice, Special Agent David Cole. Both face a felony charge of conspiracy to distribute drugs, and Kindle faces an additional charge of conspiracy to convert U.S. government property for profit.

On Thursday, a judge set Kindle’s initial court appearance for Jan. 21 in Salt Lake City. If convicted, he faces a maximum sentence of 25 years in prison.

An attorney for Kindle has not yet been listed in court records.

Unlike Cole, who was indicted last month by a grand jury, Kindle was indicted in a briefing from the U.S. Attorney’s Office, which does not require grand jury approval to initiate criminal proceedings.

Federal prosecutors say Kindle and Cole abused their positions to acquire illegal drugs known as “bath salts” from evidence from Homeland Security and other law enforcement personnel, including U.S. Customs and Border Protection officials. ., under the false pretext that they would use them for legitimate investigations. .

Prosecutors say Kindle and Cole began stealing drugs from evidence and lying to fellow agents about their purpose in 2021. They also allegedly stole thousands of dollars in cash, a diamond ring and a Peruvian antique from evidence.

From 2022 to 2024, agents allegedly sold the drugs to a person identified in court documents only as a “source of information” to the department, prosecutors. They let that person resell the drugs and did not arrest the customers, according to charging documents.

The FBI He says the scheme generated between $195,000 and $300,000.

A confidential informant recruited to make controlled purchases from suspicious merchants after his release from prison is later said to have been forced by agents to become the new middleman.

Kindle and Cole used an encrypted messaging app to provide the informant with meeting locations, which ranged from a Panera Bread restaurant to a Nike store, according to an FBI affidavit.

The FBI began investigating in October 2024 after the informant’s attorney contacted the federal prosecutor in Utah to report that Kindle and Cole had forced him to engage in potentially illegal acts, according to the affidavit. Investigators began tracking them and recorded eight transactions in which drugs were illegally sold to the informant.

On one occasion, authorities say, the informant gave the FBI a plastic foam cup containing a granular substance that tested positive for drugs. He said the officers left it in a trash can in the parking lot.

According to authorities, ingesting synthetic bath salts, also known as Alpha-PVP or cathinone, can cause strange behavior such as paranoia and extreme strength. The drug is said to be similar to methamphetamine, cocaine or ecstasy, and has no relation to actual bath products.

Kindle and Cole had their Homeland Security credentials suspended but were not fired, according to court documents.

Cole has pleaded not guilty to his charge of conspiracy to distribute drugs and will stand trial the week of February 24. He faces a maximum of 20 years if convicted.